1 2025:CGHC:28173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4913 of 2025 Onkarnath Singh S/o Late Shri Harishankar Singh Aged About 70 Years R/o Phase- III, Risali Bhilai, District- Durg, Chhattisgarh and R/o Saddu, P.S. Mova, District Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Saraipali, District Mahasamund, Chhattisgarh ... Non-Applicant For Applicant : Mr. Sandeep Dubey, Advocate. For Non-Applicant/State : Mr. S.S.Baghel, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26.06 .202 5 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with FIR No - 81/2025, registered at Police Station – Saraipali, District Mahasamund (C.G.) for the offence punishable under Sections 316 (3) of Bharatiya Nyaya Sanhita, 2023 as per FIR. (In order sheet mentioned Sections 316(3), 336(3), 338 and 3(5) of BNS, 2023). 2. As per the case of prosecution, the complainant made written complaint PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.27 10:57:33 +0530 2 that, one driver of Tata 1512 Vehicle bearing registration No. CG11 BP 8490 and one another person who used the Mobile no. 8435425863 and 9343154958 taken Rice Bran/ Rice Dust (को=ढ़़ हाA) and sold to the Onkarnath Singh, which comes under the breach of trust. Thereafter, the Police has lodge report at Police Station Saraipali, District Mahasamund for offence under Section 316(3) of BNS, 2023. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant has been arrested only on the basis of the statement of the complainant. He further submits that the applicant is the senior citizen who is aged about 70 years old and he is working under the Raipur Solvex India Private Limited Company situated at Mohadi, District – Mahasamund (C.G.). He also submitted that the charge-sheet has been filed in this case which is taken on record. The applicant is in jail since 20.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and also considering the age of the applicant who is aged about 70 years old, further, the applicant has no previous criminal antecedents and the charge-sheet has been filed against the applicant, he is in jail since 20.05.2025 and conclusion of the trial is likely to take some time, 3 therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Onkarnath Singh, involved in FIR No - 81/2025, registered at Police Station – Saraipali, District Mahasamund (C.G.) for the offence punishable under Sections 316 (3) of Bharatiya Nyaya Sanhita, 2023 as per FIR. (In order sheet mentioned Sections 316(3), 336(3), 338 and 3(5) of BNS, 2023), be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, 4 under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti